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LARSEN v. FIRST NAT'L CITY BANK OF NEW YORK

8 A.D.2d 973 (1959)

Sverre Larsen, Appellant, v. First National City Bank of New York, Defendant, and Safeway Steel Scaffolds Supply Corp. et al., Respondents First National City Bank of New York, Third-Party Plaintiff, v. Scandia General Contracting Corp., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 28, 1959

Judgment affirmed, with costs.

No opinion.

Nolan, P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

While there is no doubt that appellant knew of the method by which these ladders are assembled and disassembled, nevertheless a jury question was presented as to whether he knew, or whether on reasonable inspection he should have discovered, the danger inherent in their construction...

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